1. Scope
These General Terms and Conditions (GTC) apply to all contracts between clients and Sascha Putzke, hereinafter "the patent attorney" or "we", within the scope of the services described on this website.
Individual agreements may be made that deviate from these GTC. Whoever invokes such individual agreements shall bear the burden of proof in this respect.
2. Formation of contracts
Contracts can generally be concluded in writing, in text form (in particular by email), orally (in particular also by verbal agreement on the telephone) or by implied conduct.
If legal questions, a concrete legal assessment of an individual case or a preparation or opinion are requested, this can generally be understood as an order with a corresponding obligation to pay, unless the content of the inquiry indicates otherwise. We ask you to state clearly whether you yourself regard your inquiry as an order to us or merely as a non-binding inquiry. For our part, we will work to avoid any misunderstandings. In particular, inquiries which are aimed exclusively at a cost estimate or merely organizational information will NOT be regarded as an order.
Fees may be charged for cost estimates.
The patent attorney reserves the right to refuse or withdraw orders and mandates. Reasons for this may be, for example: conflicts with other clients, lack of capacity, lack of expertise.
If the patent attorney is commissioned for the first time with a matter subject to a time limit, the client shall clearly indicate the time limit.
In general, orders are considered accepted only after confirmation by the patent attorney. As long as an order is not withdrawn, the confirmation may also be implicit in the performance of the service.
3. Information Obligations of the Client
The client must inform the patent attorney of all facts relevant to the mandate and make important documents accessible. The patent attorney must be able to rely on the client to provide correct and complete information, to inform him of changes and to correct incorrect information.
The client is obliged to notify the patent attorney if he himself or a third party acts on his behalf in a matter with which the patent attorney is entrusted vis-à-vis authorities or courts.
4. Compensation
Unless otherwise agreed, a lawyer's hourly fee of EUR 280 shall apply for advice, statements, elaborations and procedural acts. The quarter of an hour is agreed as the smallest unit of time and each quarter of an hour or part thereof is subject to remuneration.
Hourly or flat-rate fees may be charged for formal processing. These can be requested for specific processes.
The patent attorney shall be entitled to demand an appropriate advance payment for his own services. For expenses, in particular official fees and external services, the patent attorney shall be entitled to demand advance payments in the full amount of the expenses.
When expenses are incurred, in particular when official fees are paid, additional fees shall be charged by the patent attorney for the related efforts.
5. Agency of Necessity
In order to meet deadlines, the client authorizes the patent attorney to carry out measures to meet deadlines in accordance with Section 677 of the German Civil Code (agency of necessity, german: "Geschäftsführung ohne Auftrag", or "GoA"), even without an explicit order, if coordination with the client is not possible, e.g. due to absence or prevention. This includes the timely response to official inquiries, the comment on court or official orders or pleadings within time limits set by law or by the court or office, the filing of appeals or legal remedies, the preparation of translations, the registration of property rights as well as actions by third parties, in particular if the patent attorney has no power of representation (applies in particular to proceedings in other countries and proceedings before the ordinary courts in Germany).
The client shall remunerate the measures taken by the patent attorney, his office or, if applicable, by third parties in order to meet the deadline and reimburse any expenses (e.g. official and/or court fees), which have been paid in advance by the patent attorney.
The patent attorney will not pay renewal and annuity fees without a prior order.
6. Limitations of Liability
The patent attorney's liability is limited to 1 million euros. Insurance in the corresponding amount exists.
No liability is assumed for free advice, even if it concerns legal assessments of individual cases.
No liability is assumed for intentional fault on the part of vicarious agents.
Claims for damages shall be limited to a period of three years, unless a different period is prescribed by law.
7. Confidentiality
The patent attorney is bound to confidentiality by profession. The employees are contractually bound accordingly.
Reference is made to the use of cloud services by the Patent Attorney to store information from and to the Principal. The use is in access-restricted form and appropriate security measures are followed. Please refer to the Privacy Policy on this website for more details.
8. Disclosure of Information to Third Parties for Special Purposes
It may happen that your concerns should not or cannot be completely fulfilled by the patent attorney. This is particularly the case if we do not have the power of representation for certain matters, for example before the ordinary courts in IP infringement proceedings or before offices and courts of other countries. In these cases, we will involve representatives or other service providers who are authorized to act on your behalf. Your consent to the disclosure of information to them may be implied by your corresponding order.
The patent attorney is generally entitled to involve expert third parties to provide his services, provided that he obliges them to maintain confidentiality or may rely on their confidential handling of the matter. The patent attorney commissioned by you retains responsibility for the content of the matter. For example, the patent attorney may entrust an external drawing office with the preparation of drawings for a patent, utility model or design application and pass on the necessary information. For example, the patent attorney may employ freelance collaborative or colleague workers, such as legal and patent attorneys, legal and patent assessors, patent engineers or patent attorney trainees and pass on the necessary information. The selection of such service providers is performed with due diligence.
9. Communication and E-mail
It is agreed that communication shall be by email. Notifications and any reminders of deadlines or due dates for the protection of the rights of the client shall be transmitted by email, unless otherwise agreed. The client undertakes to regularly check the email addresses provided to or used vis-à-vis the patent attorney or his office for incoming mail and to notify any changes in contact data.
Other means of communication can be agreed as an alternative or in addition. Sensitive content can be exchanged via Microsoft Onedrive, for example.
10. Jurisdiction and Applicable Law
The place of jurisdiction for disputes in connection with our services is Braunschweig, Germany. The law of the Federal Republic of Germany shall apply.
11. Miscellaneous
Should one or more of the provisions stated herein be invalid, they shall be replaced by a provision that comes closest to their purpose, or, if this is not possible, by the statutory provision.
Reference is made to the Patent Attorney Regulations (german: "Patentanwaltsordnung" or "PAO"). The provisions of these GTC are not intended to avert or circumvent mandatory professional or other legal regulations. Any deviations are unintentional. In case of doubt, mandatory statutory regulations shall take precedence.
